Legal Question in Personal Injury in New York

I like to know the statue of limitation in New York state to file a suit against expert witness for expert witness malpractice.

Brief description: in medical malpractice action, defendant doctor fabricated medical facts (something non-exist). The X-rays to prove such was destroyed by him (which was found out after he got summary judgment). The expert witness in his affidavit claimed that by examining the medical records he agreed with defendant that facts (which was a lie, and for him there were no x-rays to begin with). The case was dismissed largely because the court accepted their claim as a "per-existing condition".

Asked on 10/20/11, 2:26 pm

1 Answer from Attorneys

Michael E. Zuller Zuller Law Offices

There is no such thing as a malpractice claim against an expert witness. If the witness wilfully lied under oath, there is possible perjury, a criminal offense. Best, M. E. Zuller

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Answered on 10/21/11, 7:05 pm

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